Updated for 2026

South Dakota Security Deposit Laws & Calculator

South Dakota gives landlords just 14 days to return your deposit — one of the shortest deadlines in the country. The deposit is capped at 1 month's rent, and bad-faith landlords risk forfeiting the entire deposit plus up to $200 in punitive damages.

South Dakota Security Deposit — Quick Facts

Return Deadline
14 Days
2 weeks after move-out
Maximum Deposit
1 Month's Rent
Penalty for Late Return
Full Deposit Forfeited
+ up to $200 punitive (bad faith)
Interest Required
✗ No
Applicable Law
S.D. Codified Laws § 43-32-24
Fast Deadline & Unusual Penalty: South Dakota's 14-day return deadline is one of the tightest in the US. If your landlord acts in bad faith, they don't just owe what they withheld — they forfeit the entire deposit and may owe up to $200 in additional punitive damages. Mark your calendar and follow up immediately if day 14 passes without a refund.

Calculate Your South Dakota Deposit Refund

Enter your deposit amount and move-out date to see your landlord's deadline and total refund.

South Dakota Security Deposit Law — Explained

The 14-Day Return Deadline

Under S.D. Codified Laws § 43-32-24, landlords must return the security deposit within 14 days after the tenancy ends. This is one of the shortest return windows in the country — tied with states like New York and Vermont. If your landlord misses this deadline, they're already in violation of state law.

What Your Landlord Can Deduct

South Dakota landlords may deduct for unpaid rent and damage beyond normal wear and tear. The landlord must provide an itemized list of deductions along with any remaining balance. Normal wear and tear — minor scuffs, faded paint, carpet worn from regular use — cannot be charged to the tenant.

The "Full Deposit Forfeited" Penalty

South Dakota's penalty structure is unusual. If a landlord acts in bad faith — withholding the deposit without legitimate cause — they forfeit the entire deposit regardless of any valid deductions they might have had. On top of that, the court can award up to $200 in punitive damages. This means a bad-faith landlord loses everything, not just the disputed portion.

Deposit Cap: 1 Month's Rent

South Dakota caps security deposits at 1 month's rent. If your landlord charged more than this, the excess amount is unlawful and should be returned. This cap applies regardless of whether the unit is furnished or unfurnished.

What to Do If Your Landlord Won't Return Your Deposit

  1. 1
    Document everything before you leave Take timestamped photos and video of every room. Keep your lease and all communications.
  2. 2
    Wait 14 days after move-out South Dakota law gives your landlord exactly 2 weeks to return the deposit or provide an itemized deduction list.
  3. 3
    Send a written demand If day 14 passes with no refund, use RenterCalc's demand letter generator citing S.D. Codified Laws § 43-32-24. Send via certified mail.
  4. 4
    File in small claims court South Dakota's small claims limit is $12,000. You can sue for the full deposit plus up to $200 in punitive damages if the landlord acted in bad faith.

South Dakota Security Deposit FAQ

How long does a landlord have to return a security deposit in South Dakota?
South Dakota landlords must return the deposit within 14 days (2 weeks) after the tenancy ends.
What is the maximum security deposit in South Dakota?
South Dakota caps security deposits at 1 month's rent.
What is the penalty for not returning a security deposit in South Dakota?
A bad-faith landlord forfeits the entire deposit and may owe up to $200 in punitive damages.
Does South Dakota require interest on security deposits?
No. South Dakota does not require landlords to pay interest on security deposits.
How do I get my security deposit back in South Dakota?
Document the unit at move-out, wait 14 days, send a written demand citing S.D. Codified Laws § 43-32-24, and file in small claims court (limit: $12,000) if unresolved.

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